Legal Consequences of Distracted Driving and How It Affects Insurance

Distracted driving is a significant threat on the roads today, causing thousands of accidents every year. Whether it’s texting, talking on the phone, adjusting the radio, or engaging in other distractions, drivers who take their attention off the road put themselves and others at great risk. In addition to the physical and emotional toll on victims, distracted driving can also have severe legal and financial consequences. If you’ve been involved in a distracted driving accident, it’s essential to understand both the legal ramifications and how it can affect your insurance claim. To protect your rights and ensure you receive the compensation you deserve, contact a Colorado Springs distracted driving accident attorney for guidance and support.

Understanding Distracted Driving

Distracted driving refers to any activity that diverts attention from driving. The National Highway Traffic Safety Administration (NHTSA) classifies distracted driving into three main categories:

• Visual distractions: Taking your eyes off the road, such as when reading or texting on your phone.
• Manual distractions: Taking your hands off the wheel, like adjusting the radio or eating.
• Cognitive distractions: Taking your mind off driving, such as when you’re lost in thought or talking to a passenger.

According to the NHTSA, in 2021 alone, distracted driving was a factor in nearly 3,000 fatalities, highlighting the dangers of this behavior. While all forms of distracted driving are dangerous, texting while driving is considered particularly hazardous because it involves all three types of distraction. If you’ve been involved in an accident caused by distracted driving, it’s crucial to speak with a Colorado Springs distracted driving accident attorney who can help you navigate the legal process.

Legal Consequences of Distracted Driving

Distracted driving is not only dangerous but also illegal in many jurisdictions. In Colorado, like many states, there are strict laws prohibiting texting or using a handheld mobile device while driving. The legal consequences of distracted driving can vary depending on the severity of the accident and whether the distracted driver was breaking the law at the time of the crash.

Traffic Violations and Citations

One of the first legal consequences a distracted driver may face is a traffic citation. If law enforcement officers determine that the driver was engaged in distracted driving at the time of the accident, they may issue a citation for violating state laws. In Colorado, the law prohibits the use of handheld mobile phones for texting or talking while driving unless the driver is using hands-free technology. If the distracted driver was texting or using a mobile device in a manner that violated this law, they can be cited and fined.

Criminal Charges

If the distracted driving accident resulted in significant injuries or fatalities, the responsible driver could face criminal charges. For example, if the driver was texting while driving and caused a serious accident, they could be charged with reckless driving, which is a criminal offense in Colorado. In cases where the accident causes the death of another person, the driver could face charges of vehicular manslaughter or homicide.

While criminal charges are separate from civil cases, they can play a role in the civil litigation process. For instance, if the driver is convicted of criminal charges related to the accident, this could serve as strong evidence in a personal injury case. Victims can use this conviction to strengthen their claim for compensation in court.

Civil Lawsuits for Damages

In addition to traffic citations or criminal charges, a distracted driver may also face a civil lawsuit for damages. If you have been injured in an accident caused by distracted driving, you may be able to file a lawsuit against the at-fault driver to recover compensation for medical expenses, lost wages, pain and suffering, and other damages. A Colorado Springs distracted driving accident attorney can help you gather evidence to prove that the driver was distracted and caused the accident.

In civil cases, the burden of proof is lower than in criminal cases. While criminal cases require proof beyond a reasonable doubt, civil cases only require a preponderance of evidence, which means the evidence must show that it is more likely than not that the distracted driver was responsible for the accident.

How Distracted Driving Affects Insurance Claims

Distracted driving not only has legal consequences but also significant financial implications, especially when it comes to insurance. If you are involved in an accident caused by a distracted driver, your insurance claim may be affected in several ways. Understanding how insurance works in these cases can help you navigate the process more effectively.

Proving Liability and Negligence

One of the critical factors in any insurance claim is proving liability—who was at fault for the accident? In the case of distracted driving, proving that the other driver was distracted can be crucial to securing compensation for your injuries and damages. Evidence that can help establish liability includes:

• Witness statements from people who saw the driver texting or engaging in other distractions before or during the accident.
• Phone records show that the at-fault driver was using their phone at the time of the crash.
• Traffic camera footage or surveillance videos from nearby businesses that show the driver’s behavior before the accident.
• Police report that detail the driver’s actions and whether they were cited for distracted driving.

The more evidence you can gather, the stronger your case will be when filing an insurance claim. Working with an experienced Colorado Springs distracted driving accident attorney can ensure you collect all the necessary evidence to prove the other driver’s negligence.

Impact on Insurance Premiums

If the distracted driver is found to be at fault for the accident, the insurance company will be responsible for compensating the injured party. However, even if you are not at fault, your own insurance policy may be affected. In many cases, if you are involved in an accident with a driver who was distracted, your insurance premiums may increase, particularly if you are filing a claim under your own policy (such as through uninsured/underinsured motorist coverage or collision coverage).

Comparative Negligence in Colorado

Colorado follows a system of comparative negligence, which means that if both parties share responsibility for the accident, damages can be awarded based on the percentage of fault attributed to each party. For example, if you were partially responsible for the accident, the amount of compensation you receive could be reduced by your percentage of fault. In cases involving distracted driving, your Colorado Springs distracted driving accident attorney will help ensure that your role in the accident is properly assessed, which can affect your potential settlement.

Insurance Settlements

Insurance companies will often offer settlements to avoid going to trial. These settlements can sometimes be insufficient to cover all the damages you’ve incurred. If you are offered a settlement, it’s essential to evaluate it carefully. Working with an experienced attorney can help you assess whether the offer is fair and whether you should pursue further legal action.

A distracted driving accident lawyer can negotiate with insurance companies on your behalf, ensuring you receive the maximum compensation for your medical bills, property damage, lost wages, and pain and suffering.

How a Lawyer Can Help with Your Distracted Driving Case

If you’ve been involved in an accident caused by a distracted driver, consulting with a Colorado Springs distracted driving accident attorney is crucial. An attorney can help you:

• Gather evidence to prove the other driver’s distraction.
• Handle communications with insurance companies.
• Evaluate settlement offers and ensure they are fair.
• Represent you in court if necessary.

With an experienced lawyer on your side, you can increase your chances of securing the compensation you deserve and ensure that your rights are protected throughout the legal process.

Conclusion

Distracted driving is a dangerous and irresponsible behavior that can have severe legal and financial consequences. If you’ve been involved in a distracted driving accident, it’s essential to understand your legal rights and how your insurance claim might be affected. Working with a Colorado Springs distracted driving accident attorney can help you navigate the complex legal landscape, gather the necessary evidence, and pursue the compensation you deserve. By taking the right steps, you can hold the responsible driver accountable and recover from the physical, emotional, and financial impacts of the accident.